The Allahabad High Court has allowed a 26-year-old Hindu woman to live with her Muslim husband, observing that an adult has the right to choose whom she wants to live with and that her parents cannot control that decision.
The court passed the order while hearing a habeas corpus petition filed by Akbar Khan, who said his wife, Sonika Chauhan, had been taken away and kept by her family against her wishes.
The case dates back to May 2025, when Sonika’s father, Laxman Singh Chauhan, filed a complaint accusing Khan of abducting and wrongfully confining his daughter. Khan was arrested by Ghaziabad Police and Sonika was taken back to her parents.
Woman Says She Married Muslim Man by Choice
Sonika told the court that she had voluntarily married Khan in 2022 under the Special Marriage Act and wanted to live with him.
She also alleged that her father had pressured and threatened her because of her decision to marry Khan.
Her father, however, told the court that she had been blackmailed and was acting under Khan’s influence. He also opposed the marriage because Khan is Muslim while his daughter is Hindu.
The court found that there was no material before it showing that Sonika was acting under coercion, undue influence or intimidation.
The court said an adult woman’s choice of a life partner falls within her fundamental right to life and personal liberty under Article 21 of the Constitution.
“Such a choice is personal to the individual concerned and cannot be dictated or controlled by the wishes of her parents or other family members,” the court observed.
Court Orders Protection for Couple
The court directed that Sonika be allowed to live with Khan at a place of her choice.
It also directed the state authorities to ensure the couple’s safety and provide police assistance if required during their travel.
The court further directed Sonika’s family not to interfere with the couple’s “peaceful matrimonial life”.
The case comes amid a series of recent Allahabad High Court orders dealing with the autonomy of adults in choosing their partners and religion. In another case earlier this month, the court held that an adult man could choose his religion and matrimonial partner according to his own conscience.
Husband Raises Concern Over Police Assistance
After the order, Sonika told Scroll that she was relieved that her “one-year ordeal” had come to an end.
Khan, however, alleged that police officers assigned to accompany the couple from Prayagraj to Ghaziabad were not following the court’s directions.
“They are asking us to go stay with our relatives because it is not safe to return,” he told Scroll. “We have already been through a lot. We just want to go home.”
The station house officer of Ghaziabad’s Indirapuram police station denied the allegation and said police were complying with the High Court’s order.
“We are complying with the order of the honourable High Court,” the officer said. “The couple are on their way back from Allahabad at the moment. We will ensure that they safely reach wherever they wish to go.”
Khan had earlier been arrested again after Sonika returned to their matrimonial home. Ghaziabad Police also invoked the Uttar Pradesh Control of Goondas Act against him and ordered him to leave the district for six months.
The High Court’s latest order allows the couple to live together and directs authorities to protect their right to do so.
